Chapter 12.32 — TREES AND SHRUBS

Whenever the City Engineer finds that any tree, hedge, shrubbery or other foliage obstructs the view of any intersection or any traffic upon the streets approaching such intersection, he or she shall cause the tree, hedge, shrubbery or other foliage to be immediately removed or reduced in size so as to eliminate such obstruction.

(Prior code § 10-5; Ord. 21-1722 § 2)

This chapter shall be known and may be cited as the "Street Tree Ordinance" of the City. (Prior code § 15-8.1; Ord. 21-1722 § 2)

As used in this chapter:

"Director" means the Director of Public Services.

"Parkway" means a landscape area between a sidewalk and curb within the public right-of-way.

"Public place" means and includes all other areas owned or leased by the City or to which the public has free access.

"Street" means and includes any public right-of-way, or way open to public use, and includes the entire width of such way open to public use as distinguished from use by an abutting land owner.

"Street shrub" means and includes any shrub or plant, by whomever owned or planted, in a street or public place, as defined in this section.

"Street tree" means and includes any tree, by whomever owned or planted, in a street or public place, as defined in this section.

"Trees and shrubs" means and includes all varieties of trees, shrubs and other ornamental or woody vegetation.

(Prior code § 15-8.2; Ord. 15-1666R § 1; Ord. 21-1722 § 2)

• A. The Director of Public Services is charged with the enforcement of this chapter, and the performance of municipal functions as established in this chapter.

• B. It shall be the authority and duty of the Director to plant, trim, spray, preserve and remove street trees and shrubs and grassy areas to insure safety or preserve the symmetry and beauty of streets and public places.

• C. The Director shall have the authority, and it shall be his or her duty, to supervise all work done under a permit issued in accordance with the terms of this chapter.

• D. The Director shall have the authority to affix reasonable conditions to the grant of a permit, and to require that applications for permits contain such information as he or she shall find reasonably necessary to a fair determination of whether a permit should be issued.

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.040

§ 12.32.090

• E. The Director shall issue any permit provided for in this chapter in accordance with specific authorization when he or she finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.

• F. The Director may establish procedures and regulations relating to approval of subdivision street tree programs and plans, and related matters.

(Prior code § 15-8.3; Ord. 21-1722 § 2)

A "Master Plan—Trees and Shrubs" shall be established, which master plan shall designate the type, form and location of all street trees and shrubs in the City. The master plan shall be prepared by the Director of Public Services and adopted by the City Council, upon the recommendation of the Planning Commission, and may be changed, modified, altered and amended by the City Council, upon recommendation of the Planning Commission. A copy of the master plan shall be kept on file in the office of the City Clerk. (Prior code § 15-8.4; Ord. 21-1722 § 2)

The Director of Public Services shall have the power to designate the kind or variety of trees and shrubs to be planted upon any street or public place in conformity with the master plan; provided, however, that the owners of property fronting on any street or public place may petition the Planning Commission that the trees or shrubs to be planted in front of such property shall be of a certain kind or variety. The decision of the Commission shall be final, unless the property owner or Director shall, within 10 days, appeal to the City Council, which shall make the final decision by simple motion. No deviation from the master plan may be made except by a four-fifths vote of the City Council.

(Prior code § 15-8.5; Ord. 21-1722 § 2)

No person shall cut, trim, prune, plant, spray, remove, injure or interfere with any street tree or shrub without prior permission of the Director of Public Services. The Director may grant such permission in his or her discretion, and where necessary, subject to the condition that a removed tree or shrub will be replaced by an approved tree or shrub in conformity with the master plan, and to such other conditions as he or she may deem in the public interest. No such permit shall be valid for a longer period than 30 days after its date of issuance. (Prior code § 15-8.6; Ord. 21-1722 § 2)

Any person maintaining any overhead wires or any pipes, or any underground conduits along or across any street or public place, and desiring to have any street tree or shrub cut, trimmed, pruned, or removed for a nonpublic purpose may file with the Director of Public Services a written request for permission to do such work. Such request shall describe the work desired to be done and it shall be within the discretion of the Director to require a written agreement upon the part of the petitioner to pay the cost and to do such work in the manner stipulated by the Director before issuing any permit under this chapter. (Prior code § 15-8.7; Ord. 21-1722 § 2)

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City of Norwalk, CA

NORWALK CODE

§ 12.32.090

§ 12.32.130

No person shall interfere with the Director of Public Services, or persons acting under his or her authority, while engaged in planting, mulching, pruning, trimming, spraying, treating, removing or otherwise treating any tree or shrub in any street or public place, or in the removal of any stone, cement or other substance from about the trunk of any tree or shrub in any street or public place.

(Prior code § 15-8.8; Ord. 21-1722 § 2)

• A. No person shall cause, authorize or permit any brine water, oil, liquid dye or other substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any street tree or shrub, or onto any sidewalk, road or pavement at a point from which such substances may, by lying upon or by flowing, dripping or seeping into such soil, injure such tree or shrub, or to otherwise harm or kill any such tree or shrub.

• B. No person shall, without the approval of the Director of Public Services, place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree or shrub.

• C. No person shall build any fire or station any engine in any place in such a manner that the heat, vapors or fumes may injure any street trees or shrubs.

• D. No person having control of any gas pipe or main shall permit any leak to exist within the root zone of any street tree or shrub.

(Prior code § 15-8.9; Ord. 21-1722 § 2)

No person shall place, apply, attach or keep attached to any street tree or shrub, or to a guard or stake intended for the protection of any street tree or shrub, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever. (Prior code § 15-8.10; Ord. 21-1722 § 2)

During the erection, repair, alteration or removal of any building, house or structure in the City, no person in charge of such work shall leave any street tree or shrub in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree or shrub arising out of or by reason of such erection, repair, alteration or removal. (Prior code § 15-8.11; Ord. 21-1722 § 2)

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any street tree or shrub (except any trimming, pruning, or removal required by the construction of a residential driveway, which shall be governed by Section 12.32.070, it shall be within the discretion of the Director of Public Services to grant or refuse permission to do such tree or shrub work An application for such permit shall be filed with the Director at least three days prior to the time of doing such work and such work shall be done only after issuance of a valid permit. The Director may stipulate the conditions upon

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.130

§ 12.32.170

which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement where the applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the Director. (Prior code § 15-8.12; Ord. 21-1722 § 2)

No person shall move any building, house or portion without notifying the Director of Public Services at least three days in advance of such moving. The notice shall designate the route to be followed and all other details pertinent to such work. The Director shall have the authority to change such route and designate one which, in his or her opinion, will cause less damage to street trees or shrubs, along or adjacent to such route. If necessary to protect such trees, shrubs or plants, the Director may require that the house, building or portions be cut into segments small enough to fit the available width between such trees, shrubs or plants along the designated route. As a condition to approving any route for the moving of any building, house or portion, the Director may require the person doing such work to enter into an agreement to pay all costs incurred for any labor, equipment or material used to protect, preserve, restore or replace such trees or shrubs, either before or after such moving. This section shall apply only to buildings, houses, or portions being moved for relocation or storage to or from any site in the City. (Prior code § 15-8.13; amended during 2008 republication; Ord. 21-1722 § 2)

The Director of Public Services may inspect any street tree or shrub, or any tree, shrub or plant standing on any private property, to determine whether the same, or any portion, is in such condition as to constitute a hazard or an impediment to the progress of any person traveling on any street or public place, and for such purpose may enter upon any private property at reasonable times and in a reasonable manner.

(Prior code § 15-8.14; Ord. 21-1722 § 2)

If, in the opinion of the Director of Public Services, any tree, shrub or plant is hazardous to the traveling public, or creates a hazard by impairing vision, or impedes the progress of the public on any street or public place, he or she may cause the same, or so much as in his or her opinion is reasonably required so as to remedy such condition, to be trimmed or removed. (Prior code § 15-8.15; Ord. 21-1722 § 2)

• A. The Director of Public Services shall not trim or remove any tree, shrub or plant on private property, except in the event of extreme urgency and imminent danger to persons or property, unless the owner or person shown as the owner upon the last equalized tax assessment roll has been given notice of intent to so do. Such a notice shall be given by registered or certified mail, addressed to the owner at his or her last known address, or at the address shown upon the last equalized tax assessment roll. A copy of the notice shall also be posted on the premises or in front of the premises.

• B. If the owner or occupant of the property shall, within 10 days, file written objection to such trimming or removal with the Director, such officer shall give such owner or occupant a reasonable opportunity to be heard in support of such objection before such trimming or

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City of Norwalk, CA

NORWALK CODE

§ 12.32.170

§ 12.32.210

cutting shall be performed. Such cutting or trimming shall be done only by written order of the Director, and the objector shall have three days' notice of such order, before such work is commenced. If the objector shall, within such three day period, file a written appeal from such order, the proposed work shall not be done until the matter has been determined by the Planning Commission, and, in the event of an appeal, filed within three days of such determination in open meeting, until the matter has been finally determined by the City Council.

(Prior code § 15-8.16; Ord. 21-1722 § 2)

Nothing contained in Sections 12.32.150, 12.32.160 and 12.32.170 shall be deemed to impose any liability on the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his or her property or under his or her control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the City.

(Prior code § 15-8.17; Ord. 21-1722 § 2)

Owners of private property shall be responsible for watering street trees and shrubs in streets, parkways or other public places abutting such private property. The City shall not be responsible for watering any such trees or shrubs.

(Prior code § 15-8.18; Ord. 21-1722 § 2)

• A. Trees, plants, shrubs or vegetation or parts which so overhang any sidewalk or street, or which are growing in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public are declared to be public nuisances.

• B. Any tree or shrub or part which is unsafe and constitutes a hazard to the life, health, safety or property of the public, or constitutes a center of infection for disease or insects which may endanger the health and life of other trees or shrubs, is declared to be a public nuisance.

• C. It is the duty of the owner of the property where any such nuisance exists to abate such nuisance by destroying, removing or trimming the growth, by spraying or by other usual means of abatement.

(Prior code § 15-8.19; Ord. 21-1722 § 2)

• A. If any property owner fails or refuses to abate any nuisance as required by Section 13.32.200, the City Council may, pursuant to a report and request filed with the City Council by the Director of Public Services, adopt a resolution requiring such property owner to abate such nuisance by removal or destruction, at his or her cost and expense, within a time specified in the resolution. If the removal or destruction is not made by such owner within the time specified, the Director may enter upon the premises where such nuisance exists and abate the same.

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.210

§ 12.32.240

• B. When the City has abated any such nuisance, the Director shall promptly determine the cost to the City, and such costs, plus accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by the owner within 30 days of completion, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by or on behalf of the City, and such charge shall be due and payable by such owner at the time of mailing of such bill.

• C. Where the full amount so due the City is not paid by such owner within 30 days after completion, then, and in that case, the Director shall cause to be filed in the Office of the County Auditor controlling a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. These costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to the delinquent penalty of 10% in the event the same are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements filed in accordance with the provisions of this chapter shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest and penalties, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.

(Prior code § 15-8.20; Ord. 21-1722 § 2)

The resolution mentioned in Section 12.32.210 shall not be adopted until the property owner is given at least five days' notice that a report of the Director of Public Services and a request for adoption of such a resolution has been filed with the City Council. Such notice shall be given by the Director, by registered or certified mail, to the owner or the person shown as the owner upon the last equalized tax assessment roll. A copy of the notice shall be posted upon the property or in front of the property. The mailing and posting shall be made at least five days before the resolution is adopted, and proof shall be made by affidavit of the Director filed with the City Clerk.

(Prior code § 15-8.21; Ord. 21-1722 § 2)

• A. Except to abate a nuisance as defined in this chapter, or to perform official duties required by this chapter, no person shall damage, destroy or mutilate any street tree or shrub without a permit from the Director of Public Services to do so.

• B. No person shall:

  1. Pick the flowers or seeds of any street tree or shrub; or

  2. Dig in or otherwise disturb grass areas or flower beds in public streets or places, or in any other way injure or otherwise impair the natural beauty or usefulness of any such area.

(Prior code § 15-8.22; Ord. 21-1722 § 2)

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City of Norwalk, CA § 12.32.240

NORWALK CODE

§ 12.32.250

No person shall plant in any street or public place any of the following species of trees: Poplar, Willow, Cottonwood, fruit trees (except ornamental type), nut trees, Ailantus, Mountain Ash, Organ or BigLeafed Maple, or any other tree contained on a prohibited trees list maintained by the Director of Public Services and available to the public. (Prior code § 15-8.23; Ord. 21-1722 § 2)

Landscaping within a public parkway shall be provided subject to the following standards:

• A. Standard Parkway Landscaping.

  1. Owners of private property shall be responsible for fully landscaping the parkway abutting such private property. The parkway shall be fully landscaped with grass or drought tolerant groundcover plants pursuant to the approved list of acceptable parkway plant materials provided by the Director of Public Services.

  2. Street tree selection, placement and installation shall be done by the Public Services Department.

  3. The groundcover shall not exceed 12 inches in height.

  4. No approval or plan is required if grass or drought tolerant groundcover plants, pursuant to the approved list of acceptable parkway plant materials, are planted in the parkway.

  5. The approved list of acceptable parkway plant materials is not exclusive and alternative parkway plant materials not listed in the approved list may be used as provided in subsection B. The approved list is subject to revisions as deemed appropriate by the Director of Public Services. A copy of the list shall be kept in the City Clerk's office and Department of Public Services.

• B. Alternative Parkway Landscaping.

  1. Alternative parkway landscaping may include the following materials:

     • a. Live plant materials, not listed in the approved list of acceptable parkway plant materials;

     • b. Non-vegetative groundcovers, limited to mulch, shredded bark, decomposed granite, decorative paving, brick, tile, or concrete; and

     • c. Artificial turf.

  2. Alternative parkway landscaping may be installed within a public parkway, subject to the approval of the Director of Public Services.

  3. A plan and plant list shall be provided to show the proposed landscape improvements, and indicate the type of material(s), quantity, and location.

  4. A property owner installing artificial turf must sign a document releasing public utilities, the City and their contractors from any damage they may cause to the

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.250

§ 12.32.250

artificial turf.

5. Alternative parkway landscaping shall meet the following criteria:

   • a. Plant materials shall be drought tolerant and non-invasive.

   • b. Plant materials shall not exceed 24 inches in height.

   • c. Plant materials shall not have exposed, rigid spines or thorns.

   • d. Plant materials shall not form a continuous hedge or screen at full maturity.

   • e. Non-vegetative groundcovers, limited to mulch, shredded bark, decomposed granite, decorative paving, brick, tile, or concrete shall not cover more than 50% of the parkway.

   • f. Loose stones, rocks, pebbles, crushed rock, or gravel greater than three-eighths of an inch in diameter shall be prohibited.

• g. A minimum 18 inch wide convenience strip shall be provided adjacent to the back of the curb along the entire length of the improved parkway to allow ingress and egress for occupants of vehicles parked along the curb. Plant materials taller than 12 inches may not be planted within the convenience strip.

  • h. Where a parkway is 50 feet or more in length, excluding driveways, a 48 inch wide walkway shall be provided for pedestrian passage between the street and sidewalk. The walkway may contain the following materials: pavement, decomposed granite, or a plant material that will provide a flat, unobstructed walking surface.

• C. Maintenance Standards. The following maintenance standards shall apply to standard and alternative landscaping:

  1. Parkway landscaping shall be maintained neat and trimmed and shall not obstruct any streets, sidewalks, driveways, walkways or curbs.

  2. Parkway landscaping shall not conflict with overhead or underground utility lines or street lights.

  3. Parkway landscaping shall be watered pursuant to Section 12.32.190 and in accordance with any applicable governmental restrictions on outdoor irrigation of landscapes.

  4. Decorative paving, brick, tile, or concrete shall be maintained in good condition and shall be maintained on grade flush with the top of abutting sidewalk and curb surfaces to avoid slipping and tripping hazards.

  5. Loose materials, such as mulch, shredded bark, and decomposed granite, shall be installed and maintained so that materials are kept off adjacent streets, sidewalks, driveways, walkways or curbs.

  6. Parkway irrigation systems shall be maintained in good condition and be kept free of leaks or other deficiencies that prevent the system from operating at peak efficiency.

• D. General Standards. The following general standards shall apply to standard and alternative

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City of Norwalk, CA § 12.32.250

NORWALK CODE

§ 12.32.250

landscaping:

1. Parkway trees and landscaping may be required as conditions of approval for any development to the satisfaction of the Director of Public Services.

2. Parkway irrigation systems shall be subject to a permit from the Community Development Department. The City encourages the use of subsurface drip irrigation or other low-flow water distribution system to minimize overspray and overwatering.

(Ord. 15-1666R § 2; Ord. 21-1722 § 2)

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.36.010

§ 12.36.030